Directive (EU) 2026/799 marks a new step in the evolution of Europe's insolvency framework, requiring Member States to adapt key aspects of their insolvency regimes before January 2029.
In his latest OpEd for CincoDías, Eduardo Frutos examines the five major challenges that will shape this transposition: the reform of avoidance actions, cross-border asset tracing, the regulation of pre-pack sales, the strengthened role of creditors, and the new liability framework for directors facing insolvency.
The article highlights that the real challenge extends beyond legislative reform. A well-executed transposition will enhance legal certainty, improve the predictability of insolvency proceedings, and strengthen confidence among investors and creditors, while preserving the distinctive features of each national insolvency system.
Read the full article here.
Access the Spanish version here.
